Claimant v Hitachi Rail Limited

Outcome

Facts

Claimant was dismissed on 6 February 2024. He appealed the dismissal and was aware from March 2024 that he could bring an employment tribunal claim and that there was a three-month time limit. Instead of submitting a claim before the 5 May 2024 deadline, he chose to pursue GDPR subject access requests with his former employer. He did not contact ACAS until 2 August 2024, three months after the time limit expired, obtained an ACAS certificate on 6 August, and submitted his tribunal claim on 13 September 2024. The claimant cited health difficulties from early August 2024, later diagnosed as a brain tumour in October 2024.

Decision

The tribunal struck out the unfair dismissal claim for being presented outside the statutory time limit. The tribunal found it was reasonably practicable for the claimant to have submitted his claim in time because he was aware of his rights and the time limits from March 2024, he was able to engage with his employer during the limitation period (through appeals and GDPR requests), and his health issues arose only after the time limit had already expired. The claimant did not provide sufficient explanation for why he prioritised GDPR requests over submitting a timely tribunal claim.

Practical note

Legal authorities cited